Motorcycle Accidents and Helmet Laws in Illinois: How Do They Affect Injury Claims?

Understanding Motorcycle Accidents and Helmet Laws

Illinois is one of three states in the U.S. without helmet laws requiring motorcyclists to wear a helmet, along with Iowa and New Hampshire. However, the state does have laws requiring riders to wear protective eye gear while on motorcycles, which could include goggles or a protective windshield.

Even though the law doesn't mandate helmet use for motorcycle riders, helmets are a critical type of protective gear that traffic safety advocates recommend on the road. According to data from the National Safety Council (NSC), helmets are around 37% effective in preventing fatal motorcycle-related injuries to operators and 41% effective for passengers.

How Do Helmet Laws Impact an Accident Claim?

While Illinois does not have helmet laws at this time, not wearing a helmet could impact victims' ability to recover compensation for injuries sustained in motorcycle accidents, specifically through comparative negligence.

If you experience head trauma or other injuries in an accident that could have resulted from the lack of a helmet, insurance companies, attorneys, and courts may consider this negligence at least partly responsible for causing the injury. Even if someone else is at fault for the accident, victims may not recover total compensation if the failure to wear a helmet led to worse injuries than the victim would have endured while wearing a helmet.

Illinois works using a modified comparative negligence system, meaning that plaintiffs in injury cases will see a reduction in compensation as their percentage of fault increases. Specifically, accident victims will only be able to file a claim or lawsuit if they were 49% or less at fault, rendering them unable to seek a civil suit if they are 50% or more at fault.

Is Helmet Use Always Relevant in an Injury Case?

Helmet use will not always be relevant to an injury case. For example, a catastrophic injury could occur to an individual, such as an amputation, that the victim likely would have sustained regardless of whether they were wearing a helmet. However, if victims sustain injuries to the head in an accident without wearing a helmet, the defense in a case could argue that the victim was partly liable for their injuries.

Get Help From a Motorcycle Accident Lawyer in Bloomington

Regardless of whether you wore a helmet at the time of an accident, you may be able to build a successful case and recover all related damages if another party was responsible for the accident. There are multiple benefits of hiring a motorcycle accident attorney to help with a case, such as:

Identifying All Liable Parties

An attorney could review the facts of your case and determine who was legally responsible for the accident and your injuries. While the defense might try to argue that the failure to wear a helmet contributed to head injuries, victims may still recover compensation for other injuries and damages sustained because of the accident, as long as they are no more than 49% liable.

Calculating Compensation

An attorney could also help identify and calculate all types of compensation you may recover, such as:

• Economic damages like medical expenses, lost income, lost earning capacity, and property damage
• Non-economic damages, such as pain and suffering, emotional distress, and disfigurement
• Punitive damages if the defendant acted with gross negligence or even malicious intent

Filing a Claim on Time

It is important to know precisely how long you have to file a motorcycle accident claim to ensure you do not pass the statute of limitations. In Illinois, the statute of limitations is two years from the date of the injury or discovery of injury, which means that victims have two years to file a claim or lawsuit before they are unable to seek compensation.

It is crucial to file early on to more effectively prove that an accident caused your injuries. An attorney could get started on your case quickly to increase your chances of succeeding.

To discuss a case with a motorcycle accident lawyer, turn to the attorneys at Strong Law Offices in Bloomington. For a free consultation with a lawyer and to learn about your legal options, contact us today.

FAQs

Are Helmets Required for Motorcycles in Illinois?

You do not need to wear a motorcycle helmet as either a motorist or passenger in Illinois. At the same time, people on motorcycles must have either adequate eye protection, such as goggles or glasses, or a shatter-resistant motorcycle windshield.

What Three States Have no Helmet Law?

Illinois, New Hampshire, and Iowa are the three states in the U.S. that do not currently have motorcycle helmet laws. However, motorcyclists will need to wear a helmet when crossing over into states with these laws.

Is not Wearing a Helmet Contributory Negligence in Illinois?

Neglecting to wear a helmet could count as negligence under Illinois' modified comparative negligence model. Whether this counts as negligence will depend on the nature of your injury and its severity, such as a lack of a helmet resulting in severe head trauma.